Mumbai: Vasai Virar City Municipal Corporation chief stopped from making structural changes
Local court restrains municipal commissioner from extending his official bungalow; he will have to file his response to the plaint on July 2
The Vasai Civil Court judge SB Pawar granted an ex-parte injunction against the commissioner of the Vasai Virar City Municipal Corporation (VVCMC) on Wednesday, restraining him from making any structural changes in the shops on the ground floor of his (the civic chief's) official bungalow. mid-day had reported that Gangatharan D, the municipal commissioner, had renovated his office and was getting his house extended during the lockdown, in 'What lockdown? Vasai Virar City Municipal Corporation chief gets his office renovated,' on June 3.
The ground floor of the commissioner's house had four commercial shops which were leased out in the year 2005 for four years.
"After the said four years though the lease agreements were not renewed in writing, the leasees were allowed by the municipality to do their businesses in their respective premises, by accepting rent, taxes etc. till May 17," said a source.
Gangatharan D's official residence. Pic/Hanif Patel
"The new municipal commissioner Gangadharan D wanted an extension to his existing top floor residence in the structure. He therefore planned to construct a new kitchen, hall and bathroom in the ground floor where the aforesaid four commercial tenements existed. By flouting the municipal law and sending faulty and illegal notices, without following due procedure of law, the VVCMC commissioner high-handedly dispossessed the aforesaid four leasees from the premises," said senior advocate Digambar Desai, who appeared for one of the tenants, Arif Musa Chunawala, in the court.
Chunawala approached the Civil Court at Vasai, challenging the high-handedness and illegal act of the corporation and sought a stay on the change in the structure initiated by the municipality. He showed the court all the irregularities and illegalities of the corporation.
HC suggestion mentioned
Desai also pressed upon the suggestion of the Bombay High Court in the writ petition filed recently by Al Fateh housing society against the Brihanmumbai Municipal Corporation (BMC), wherein all the municipal commissioners are advised by the HC, not to demolish any structure or evict anyone during the COVID-19 pandemic.
"Accepting the plea of the plaintiff, the Vasai court restrained the corporation from making any changes in the suit structure, prejudicial to the interest of the plaintiff, and has ordered the commissioner to file his response to the plaint on July 2," said Desai.
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